TERMS AND CONDITIONS OF BUSINESS
This page sets out the terms on which any made to measure companies we provide to you will be governed. Please read these conditions carefully before you place an order with us. By placing an order through our site, you indicate that you accept these conditions and that you agree to abide by them. If you do not agree to these conditions, please do not place an order through our site.
1. INFORMATION ABOUT US
1.1 CompanyFormations4U.com is a site operated by
Limited
("We" or “
”). We are registered in England and Wales under company
number 6382100 and have our registered office at 7 Christie Way, Christie Fields, Manchester
M21 7QY. Our VAT number is 928646583.
2. DEFINITIONS AND INTERPRETATIONS
Business Bank Account: the business bank account set up by
for and on
behalf of the Company with a high street bank on their normal terms.
Customer: the person, firm or company who purchases a Company from
.
Contract: any contract between
and the Customer for the sale and purchase
of a Company, incorporating these conditions.
Company: any ‘made to order’ company sold or supplied by
with (or without)
the pre-arranged Business Bank Account offered with such company.
2.1 A reference to a law is a reference to it as it is in force for the time being
taking account of any amendment, extension, application or re-enactment and includes
any subordinate legislation for the time being in force made under it.
2.2 Words in the singular include the plural and in the plural include the singular.
2.3 A reference to one gender includes a reference to the other gender.
2.4 Condition headings do not affect the interpretation of these conditions.
3. APPLICATION OF THESE TERMS
3.1 Subject to any variation under condition 3.3, the Contract shall be on these
conditions to the exclusion of all other terms and conditions (including any terms or
conditions which the Customer purports to apply under any purchase order, confirmation
of order, specification or other document).
3.2 No terms or conditions endorsed on, delivered with or contained in the Customer's
purchase order, confirmation of order, specification or other document shall form part of
the Contract simply as a result of such document being referred to in the Contract.
3.3 These conditions apply to all
’s sales and any variation to these
conditions and any representations about a Company shall have no effect unless expressly
agreed in writing with
. The Customer acknowledges that it has not relied
on any statement, promise or representation made or given by or on behalf of Affiliate
Central which is not set out in the Contract. Nothing in this condition shall exclude or
limit
’s liability for fraudulent misrepresentation.
3.4 Each order for a Company by the Customer from
shall be deemed
to be an offer by the Customer to buy the Company subject to these conditions.
3.5 No order placed by the Customer shall be deemed to be accepted by Affiliate
Central until a written acknowledgement of order is issued by
or
(if earlier)
delivers the Company to the Customer.
3.6 The Customer shall ensure that the terms of its order and any applicable
specification are complete and accurate.
4. DELIVERY
4.1 Unless otherwise agreed in writing by
, delivery of the Company
takes place by
sending the Company’s documentation by Royal Mail
(or equivalent) to the Customer at the address last notified to
.
will not be responsible for any misdelivery or failure of any Company
documentation to arrive. Any claims for failure to deliver must be notified in writing
within 14 days from the date the order was confirmed by
.
4.2 Any dates specified by
for delivery of the Company are intended to
be an estimate and time for delivery shall not be made of the essence by notice. If no
dates are so specified, delivery shall be within a reasonable time.
4.3 Subject to the other provisions of these conditions
shall not be
liable for any direct, indirect or consequential loss (all three of which terms include,
without limitation, pure economic loss, loss of profits, loss of business, depletion of
goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly
by any delay in the delivery of the Company (even if caused by
’s
negligence), nor shall any delay entitle the Customer to terminate or rescind the Contract
unless such delay exceeds 180 days.
5. RISK/TITLE
5.1 The Company is at the risk of the Customer from the time the documentation is sent
out to the Customer in accordance with clause 4.1 (delivery).
5.2 Ownership of the Company shall not pass to the Customer until
has
received in full (in cash or cleared funds) all sums due to it in respect of the Company.
6. PRICE
6.1 Unless otherwise agreed by
in writing, the price for the Company
shall be the price set out on
’s website from time to time.
6.2 The price for the Company shall be exclusive of any value added tax and all costs or
charges in relation to postage and insurance, all of which amounts the Customer shall
pay in addition when it is due to pay for the Company.
7. PAYMENT
7.1 Payment for the Company is due in pounds sterling (cleared funds) prior to it being delivered to the Customer.
8. LIMITATION OF LIABILITY
8.1 Nothing in these conditions excludes or limits the liability of
:
(a) for death or personal injury caused by
’s negligence; or
(b) any matter which it would be illegal for
to exclude or attempt to
exclude its liability; or
(c) for fraud or fraudulent misrepresentation.
8.2 Subject to condition 8.1:
(a)
’s total liability in contract, tort (including negligence or
breach of statutory duty), misrepresentation, restitution or otherwise, arising in
connection with the performance or contemplated performance of the Contract shall be
limited to the Contract price; and
(b)
shall not be liable to the Customer for loss of profit, loss of
business, or depletion of goodwill in each case whether direct, indirect or consequential,
or any claims for consequential compensation whatsoever (howsoever caused) which arise out
of or in connection with the Contract.
8.3 All Companies are set up in good faith and without any intention to cause any
similarity, association, confusion or misleading implications or connection with any other
business or organisation wherever they may be. The Customer shall hold and keep Affiliate
Central harmless and shall indemnify
against any claim brought against
them by a third party in respect of ‘passing off’ or similar action.
8.4 The Business Bank Account will be the liability and responsibility of the Company.
has merely acted as agent for the Company in the setting up of the
Business Bank Account.
9. ASSIGNMENT
9.1
may assign the Contract or any part of it to any person, firm or
company.
9.2 The Customer shall not be entitled to assign the Contract or any part of it without
the prior written consent of
.
10. FORCE MAJEURE
reserves the right to defer the date of delivery or to cancel the
Contract (without liability to the Customer) if it is prevented from or delayed in the
carrying on of its business due to circumstances beyond the reasonable control of Affiliate
Central including, without limitation, acts of God, governmental actions, war or national
emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood,
epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either
party's workforce), or restraints or delays affecting carriers or inability or delay in
obtaining supplies of adequate or suitable materials, provided that, if the event in question
continues for a continuous period in excess of 90 days, the Customer shall be entitled
to give notice in writing to
to terminate the Contract.
11. REFUND POLICY
Please note that no refund is available once a company formation has been submitted on to
Companies House for incorporation. Any actions relating to an unwanted Company will be
the sole responsibility of the Customer. Additional information about winding up a company
can be found here.
In the event an unsuccessful incorporation, the Customer may cancel their order. To do
this, please notify us at admin@companyformations4u.com of your cancellation request and
we will investigate and arrange to have your payment returned, less an administration fee
of £l+VAT.
12. GENERAL
12.1 Copyright in all written material supplied with the Company shall belong to
and the Customer shall have the right to use such material for the
purpose specified in the Customer's instructions and for no other purpose save that this
condition shall not apply where
has merely printed documents prepared
by the Customer and drafted without the assistance of
.
12.2 Name checks carried out by
at Companies House registry, on the
Customer’s behalf, are for guidance only and should not be taken as conclusive evidence
or proof that a name will be available or allowed by the Registrar and
shall not be liable for any subsequent objections of the usage of a particular company name.
12.3
may give its opinion or recommendations in relation to a particular
Company. However, this does not constitute professional advice. All Customers are
recommended to seek appropriate professional advice at all times prior to, during and
after purchasing a Company.
12.4 The Customer confirms and warrants that it is duly authorised to enter into the
Contract on these conditions and confirms that they are only going to use the company
for legal and genuine purposes.
12.5 Each right or remedy of
under the Contract is without prejudice to
any other right or remedy of
whether under the Contract or not.
12.6 If any provision of the Contract is found by any court, tribunal or administrative
body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable,
unenforceable or unreasonable it shall to the extent of such illegality, invalidity,
voidness, voidability, unenforceability or unreasonableness be deemed severable and the
remaining provisions of the Contract and the remainder of such provision shall continue
in full force and effect.
12.7 Failure or delay by
in enforcing or partially enforcing any
provision of the Contract shall not be construed as a waiver of any of its rights under
the Contract.
12.8 Any waiver by
of any breach of, or any default under, any provision
of the Contract by the Customer shall not be deemed a waiver of any subsequent breach or
default and shall in no way affect the other terms of the Contract.
12.9 The parties to the Contract do not intend that any term of the Contract shall be
enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person
that is not a party to it.
12.10 The formation, existence, construction, performance, validity and all aspects of the
Contract shall be governed by English law and the parties submit to the exclusive
jurisdiction of the English courts.
12.11 From time to time, we may contact customers who have entered their telephone
number / email address but have been unable to order. We may make one call and/or
email contact, shortly after you have entered these details, to see if you require
any assistance completing your order.
13. COMMUNICATIONS
13.1 All communications between the parties about the Contract shall be in writing and
delivered by hand or sent by pre-paid first class post or sent by fax:
(a) (in case of communications to
) to its registered office or such
changed address as shall be notified to the Customer by
; or
(b) (in the case of the communications to the Customer) to the registered office of the
addressee (if it is a company) or (in any other case) to any address of the Customer
set out in any document which forms part of the Contract or such other address as
shall be notified to
by the Customer.
13.2 Communications shall be deemed to have been received:
(a) if sent by pre-paid first class post, two days (excluding Saturdays, Sundays and bank
and public holidays) after posting (exclusive of the day of posting); or
(b) if delivered by hand, on the day of delivery; or
(c) if sent by fax on a working day prior to 4.00 pm, at the time of transmission and
otherwise on the next working day.
13.3 Communications addressed to
shall be marked for the attention of
Mr. S. Patel.
7 Christie Way, Manchester, M21 7QY